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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Sep 30, 1977

Hanney v. Commissioners of Elections of Westchester County

John F. Hanney, the petitioner, challenged the results of the Conservative Party primary election for Council Member in the 11th Ward of Yonkers, where Raphael Wik was certified as the winner. Hanney alleged several irregularities, including uncounted write-in votes for himself and an invalid vote for Wik. The Supreme Court, Westchester County, initially set aside the election and ordered a new primary. The appellate court affirmed this judgment, independently reviewing the record. They found that Hanney should have received five additional votes and that one of Wik's votes was improperly counted, resulting in a tie. Consequently, a new primary election was deemed necessary.

Primary ElectionVote CountingElection IrregularitiesWrite-in VotesVoter IntentTie VoteNew Election OrderedAppellate ReviewWestchester CountyYonkers
References
2
Case No. ADJ2601082 (SRO 00994437); ADJ641109 (SRO 013784); ADJ2342446 (SRO 0132314); ADJ3682825 (SRO 0132313)
Regular
Aug 09, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. K-MART CORPORATION; SEDGWICK, TYRIS CORPORATION; STATE COMPENSATION INSURANCE FUND, G&G FOODS; STATE COMPENSATION INSURANCE FUND

In these consolidated cases, the Workers' Compensation Appeals Board reversed Workers' Compensation Judge decisions that limited attorney William T. Ferchland's fees to 12% of increased benefits. The Board found that Ferchland's requested fees, ranging from 13% to 15%, were justified given the good results obtained for his clients through successful negotiations of Compromise and Release agreements. The Board emphasized that while time is a factor, the quality of results achieved is paramount in fee determinations. Consequently, the Board awarded Ferchland the higher fee percentages he initially sought in each case.

Compromise and ReleaseIncreased BenefitsAttorney's FeesWCJ ReportPetition to ReopenPermanent DisabilityMedical TreatmentMandatory Settlement ConferenceVoluntary CooperationLegal Complexity
References
0
Case No. MISSING
Regular Panel Decision

People v. Lattarulo

Defendant William Lattarulo was charged with manslaughter and reckless endangerment following a building wall collapse at his construction site, which resulted in a worker's death. The court conducted a hearing on the defendant's motions to suppress statements and physical evidence. The defendant argued that his statements were obtained through an illegal automobile stop, without Miranda warnings, and in violation of his right to counsel. The court found no illegal stop or seizure, no custody requiring Miranda warnings, and no unequivocal request for counsel. Additionally, the physical evidence was obtained through a valid search warrant or voluntary consent. Therefore, the court denied the defendant's motion to suppress the evidence.

Suppression MotionManslaughterReckless EndangermentBuilding CollapseConstruction AccidentMiranda WarningsRight to CounselNon-Custodial InterviewSearch WarrantConsent to Search
References
23
Case No. ADJ11775511
Regular
Sep 25, 2019

FONDA MCGENSY vs. OPERATION SAFEHOUSE, CYPRESS INSURANCE COMPANY

This case involves an applicant's workers' compensation claim for injuries sustained on August 7, 2018. The defendant is seeking reconsideration of the original Findings and Award, arguing the injury is barred by the going and coming rule. The defendant disputes whether the applicant's supervisor ordered her to drive an intern home, which is key to applying the special errand exception. The Workers' Compensation Appeals Board has granted reconsideration to obtain a transcript of the trial testimony to fully assess the factual disputes.

Special errand exceptionGoing and coming rulePetition for reconsiderationFindings and AwardWCJTranscriptFactual disputesLegal issuesWCAB Rule 10740Electronic Adjudication Management System
References
0
Case No. MISSING
Regular Panel Decision

Salvamoser v. Pratt Institute

The plaintiff appealed an order granting summary judgment to the defendants, Pratt Institute and 205 Ashland Associates, for personal injuries resulting from a criminal assault. The plaintiff was robbed on a public street near her residence, owned by 205 Ashland Associates and leased by Pratt Institute, then forced into her apartment and to a bank. She alleged negligence by the defendants for a defective or open front door, contending they failed to provide adequate security. The Supreme Court found the defendants' actions were not a substantial cause of the injury, as the criminal act originated off-premises and the plaintiff would have been compelled into her apartment regardless of the door's security. The appellate court affirmed the summary judgment dismissal, concluding that the causal connection between any negligence and the criminal act was too attenuated as a matter of law.

Personal InjuryCriminal AssaultNegligencePremises LiabilitySummary JudgmentCausationProximate CauseLandlord LiabilityAppellate ReviewSecurity Measures
References
5
Case No. ADJ10773450
Regular
Feb 20, 2018

RONALD WOODWARD vs. RESULTS RADIO, PACIFIC COMPENSATION INSURANCE COMPANY

The WCAB granted reconsideration to address the WCJ's finding that a QME's apportionment opinion lacked substantial evidence. The Board found that the QME's opinion, based on medical expertise and a recent MRI showing degenerative conditions, constituted substantial evidence despite the absence of pre-injury medical records. The WCAB rescinded the WCJ's findings and returned the case for further proceedings, including potentially obtaining a supplemental report from the QME after reviewing prior treatment records, and for a new decision on permanent disability and apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactQualified Medical EvaluatorApportionmentSubstantial EvidencePermanent DisabilityLumbar SpineLeft KneeLeft Ankle
References
3
Case No. ADJ7048296
Significant
Sep 27, 2011

Elayne Valdez, Applicant vs. Warehouse Demo Services, Zurich North America, Adjusted By ESIS

The Appeals Board affirmed its prior en banc decision, holding that where unauthorized medical treatment is obtained outside a validly established and properly noticed medical provider network (MPN), the resulting non-MPN treatment reports are inadmissible and may not be relied upon to award benefits.

MPNinadmissibilitynon-MPN treatmentLabor Code section 4616.6appeals boardreconsiderationen banc decisionPTPmedical provider networkutilization review
References
17
Case No. ADJ522872 (FRE 0245612) ADJ4049318 (FRE 0247705)
Regular
Sep 02, 2016

GINGER THAYER vs. OMNI HOTEL, ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded the trial judge's decision denying the applicant's claims for industrial injury. The WCAB found insufficient clarification from the Qualified Medical Evaluator, Dr. Levine, regarding the applicant's pulmonary issues and any resulting temporary or permanent disability. The case is remanded for further proceedings to obtain these clarifications and subsequently re-evaluate the derivative psychological injury claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Orderindustrial injurypsychepulmonary systemorganic brain damageseizure disorderqualified medical evaluatorpulmonologist
References
0
Case No. ADJ1673839 LBO 0183855
Regular
Feb 07, 2012

FRED GODBOLT vs. WHEREHOUSE ENTERTAINMENT, ACE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a trial judge's decision disallowing lien claims based on laches. The Board found that the defendant did not meet its burden to prove prejudice resulting from the claimants' delay in asserting their liens. Specifically, the defendant's destruction of its file was not sufficient to establish prejudice because they failed to demonstrate that the information could not be obtained elsewhere. The case was returned to the trial level for further proceedings and a new decision.

LachesWorkers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationFindings and OrderCompromise and ReleaseWCJPrejudiceBurden of ProofUnclean Hands
References
11
Case No. ADJ2191262
Regular
Nov 03, 2008

JOY ANN HIGHFILL vs. CLUB DISNEY, HELMSMAN MANAGEMENT SERVICES, INC.

This Workers' Compensation Appeals Board case affirms a prior decision regarding attorney's fees. The Board clarified that attorney fees on temporary disability indemnity are awarded only on indemnity obtained or awarded as a result of the attorney's services. Because the record was insufficient to determine if temporary disability indemnity was voluntarily paid prior to the initial award, the attorney's fee was properly limited to any unpaid temporary disability indemnity thereafter awarded.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationOpinion and DecisionAttorney's FeePermanent Disability IndemnityTemporary Disability IndemnityUnpaid IndemnityPolicy and Procedural ManualPretrial Conference StatementMinutes of Hearing
References
1
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